and finally, benjamin cardozo, a great supreme court jurists. he was an infant -- he was born in the 1870s, but his father, i thought this was fascinating, he has a reputation. his father albert was a hack. howe and hummel first came to great public notice in the early 1870s when it was revealed that they had essentially bought at least 300 writs of habeas corpus from albert cardozo. cardozo was part of a group of four judges that were notorious for their corruption in new york, and affect the association of the bar of the city of new york was founded essentially to take down these judges. now, corrupt judges were not a new thing in new york by any, but one of the things i learned while writing this book was that new york will tolerate corruption -- it will sorely tolerate corruption if it feels it is serving some other end. for example, a good deal of police arrangements with criminals were tolerated because it seemed to contain criminality. but if it reach beyond a certain level, the public, the peasants would result. this is what happened wit

the independent judiciary will act as an independent judiciary and will be as mindful as justice cardozo was one he upheld social security. whether wisdom resides in the scene of benefits, is not for us to say. the answer to such inquiries must come from congress, not the courts. i agree with that. mr. chairman, i will have some questions. but i another hearing have a compliment to you for doing this. this is an important hearing. >> thank you, chairman leahy. i would not invite my former law school professors to stand in judgment of my performance as a senator, i will not ask professor fried to issue another grade to professor barnett. of like to ask you to comment, professor fried, about one of the statements made by professor barnett. it relates to the question of whether this is a unique situation where we are in fact imposing a duty on citizens to either purchase something in the private sector or face a tax penalty. i like to ask you to comment on a generally but specifically, i am trying to go back to this case involving the tennis man, roscoe filburn. he objected to a federal law